Research On Copyright Infringement Of Internet Service Provider

Since the 21~stt century,the information technology industry is developing rapidly in the world,it makes the creation,dissemination and use of works have undergone tremendous changes.Under the network environment,Because of the virtuality,instantaneity and interactivity of network,the transmission of works is very convenient,and the cost is very low,it has led to the serious flooding of copyright infringement such as piracy and random reproduction.In the infringement of network copyright,the internet service provider and the network user play the role of the infringer,this article takes the internet service provider as the research object,discusses its copyright infringement responsibility.The first part of the article begins with the definition and classification of internet service provider,it clarifies the subject nature and legal status of the internet service provider.The second part discusses the justification of internet service provider to undertake the tort liability of copyright from the perspectives of fault theory,interest or risk balance theory and control theory.In the third part,from the perspective of the principle of tort liability in China,the author discusses the principle of liability of internet service provider:the principle of fault liability.The fourth part discusses the elements of the tort liability of internet service provider,the author mainly analyzes the subjective elements of the tort liability of internet service provider.The fifth part discusses the types of copyright infringement liability and the limitation of liability of internet service providers.The last part of the article discusses the shortcomings of the legal system of copyright infringement of internet service provider in China,and give some suggestions.